my financial co. sent me a check in the mail, i cashed it, the check stated if i sign the check i agree to the terms above. i was never given the form#19988wa(10/04)439. but, i did sign the check. the co. moved and sold the contract to another co. without telling me anything. now 2yrs later the 2nd co. wants $ of course. but, i do not feel i owe all the xtra fees and charges since i would have paid them if i were told who to pay. the check is the only contract i signed except for the first loan i took out from the co. so, in my answer to the complaint can i answer.. the complaint fails to allege the terms of any contract as no contract is attached and it does not properly alleged that i agree to its terms? or is the check a valid contract?
I don't know how much you are being sued for, but since it is enough to provoke your request for assistance, it is probably worth consulting a lawyer about. It sounds as though you got a cash advance by means of a teaser check sent along with a credit card statement. These loans usually have high interest rates and fees attached. Whoever is suing you will have to prove the existence of the contract, its terms, and the assignment from the original lender to the buyer. Often, debt buyers don't acquire the documentation that they will need to prove their case if the consumer answers the complaint properly in court. Find an experienced local consumer lawyer through the National Association of Consumer Advocates, www.naca.net.
Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.